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LOPEZ v. BERGLAND

No. C 73 1769 WTS.

448 F.Supp. 1279 (1978)

Antonio C. LOPEZ, Plaintiff, v. Robert BERGLAND, Secretary, U. S. Department of Agriculture, et al., Defendants.

United States District Court, N. D. California.

April 18, 1978.

Attorney(s) appearing for the Case

David H. Kirkpatrick, California Rural Legal Assistance, Salinas, Cal., for plaintiff.

Robert S. Mueller, III, Asst. U. S. Atty., Civil Div., San Francisco, Cal., for defendants.

Before WALLACE, Circuit Judge, and SWEIGERT and ORRICK, District Judges.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This is an action challenging the constitutionality of Section 311(a) of the Consolidated Farmers Home Administration Act of 1961 [7 U.S.C. § 1941(a)], which specifically limits the class of persons eligible for farm operating loans under the Act to United States citizens.

The action is presently before the court on the defendants' motion for summary judgment upon an agreed statement of facts...

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